Footnotes

1.
SCRA
and Children's Hearing Scotland have prepared separate guidance for
both Children's Reporters and Children's Panel Members to assist
and to guide them in relation to their roles and responsibilities
in this area, specifically in Scottish Children's Reporter
Administration (
SCRA)
(2014)
Practice
Direction 25 and Children's Hearings Scotland (2013)
Practice
and Procedure Manual. It is also recognised that decisions
relating to
MRCs may
on occasion be made in the Sheriff Court as part of an appeal
process but decisions of the
CHS are the
primary focus of this document.

2.
MRCs are
often referred to in colloquial terms as "tags" and individuals may
be described as being "tagged" or "on a tag". The monitoring device
is generally attached to a young person's arm or leg. A monitoring
box is placed in the young person's address to monitor
compliance.

3. Article 37(b) of the
UNCRC.

4. CM/Rec(2014)4, III, 8.

5. s.25 of the Act.

6. s.26 of the Act.

7. Regulation 3(6).

8. For example, a young person subject to an
MRC may
be self-conscious about his
EM device being
seen by others when changing into exercise clothing in a school
P.E. class and creative solutions would have to be found to manage
such concerns.

9. Regulation 6(1)(a).

10. Regulation 3(6)(a).

11. Regulation 3(6)(b).

12. Regulation 6(1)(b).

13. s.125(2).

14. Regulation 6(1)(c).

15. s.131(2)(B)

16. R.30.1 of the European Rules.

CM/Rec (2014) 4,
Part III, 8.

18. Recommendation 6(2)(a).

19. For example, it may be the case that a young person presents
a serious and credible threat to a parent/carer from whom he is
estranged. It may be that an exclusion zone is created to ensure
that the young person remains away from the parent's/carer's
address. In such instances, this exclusion zone restriction may
need to be in place for 24 hours per day as opposed to the maximum
12 hours for which a curfew restriction can operate.